United States v. Johnny Williams, Jr.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 22 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 15-30379 15-30380 Plaintiff-Appellee, 15-30381 15-30382 v. D.C. Nos. 2:94-cr-00398-TSZ JOHNNY MADISON WILLIAMS, Jr., 2:94-cr-00550-TSZ 2:94-cr-00604-TSZ Defendant-Appellant. 2:94-cr-00548-TSZ MEMORANDUM* Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding Submitted March 8, 2017** Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges. In these consolidated appeals, Johnny Madison Williams, Jr., appeals pro se from the district court’s order denying his motion to correct the judgment under * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Federal Rule of Criminal Procedure 36. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Williams contends that the amended judgment should be corrected to apportion his 1104-month aggregate sentence between his various crimes of conviction. We review for clear error. See United States v. Dickie, 752 F.2d 1398, 1400 (9th Cir. 1985). Williams is not entitled to relief, because he has not identified any clerical error in the amended judgment. Rather, the amended judgment accurately reflects the district court’s oral pronouncement of Williams’s sentence. See Fed. R. Crim. P. 36; United States v. Penna, 319 F.3d 509, 513 (9th Cir. 2003) (“Rule 36 is a vehicle for correcting clerical mistakes but it may not be used to correct judicial errors in sentencing.”). AFFIRMED. 2 15-30379, 15-30380, 15-30381 & 15-30382